1.0 Introduction:
It took a hundred years to dodge the issue in the international criminal law and for a genuine international criminal law to emerge which goes beyond the sovereignty of individual states.
The basic meaning of International Humanitarian Law is derived from the idea of rules that seek to limit the effect of armed conflict, for humanitarian reasons. It seeks to protect people who are not participants in the hostilities and also restricts the means and methods of warfare. International humanitarian law is also known as ‘The law of war or the law of armed conflict’.
It is the law which regulates the conduct of armed conflicts. IHL is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set …show more content…
A fighter who hasn’t been recognised as a combatant under the International Humanitarian Law faces prosecution under the national law.
There are certain legal consequences attached to the combatant status which explain the difficulties which occurred from agreeing on the definition of combatant because it proved very crucial for the states to delimit which fighter could claim such a privilege of belligerent status.
The status of the lawful belligerent is only recognized in the context of international armed conflict which is defined by the act 2 of Geneva convention. Going back into the history,
The privileges which were granted to the combatant wasn’t linked to the humanitarian concerns. It was the codes of chivalry which provided the underpinnings of national law governing the armed forces.
According to the philosophy in general which is enshrined in these instruments, in order to protect the civilian population, the only people who could be attacked are the …show more content…
In the twentieth century, support for the international humanitarian law gained momentum as a reaction to the brutalities of the world war I and the atrocities of world war II. In the last decade of the twentieth century, efforts to expand the scope and step up the implemention of IHL gained pace and acquired urgency in the light of three major factors interating with one another.
• The pervasive reach of the media, rise of the internet and the growing activism an interconnectivity of the civil society.
• The growing consciousness among people, of their common humanity and, of the existence of universal moral norms arising from human nature itself applicable to all human
It took a hundred years to dodge the issue in the international criminal law and for a genuine international criminal law to emerge which goes beyond the sovereignty of individual states.
The basic meaning of International Humanitarian Law is derived from the idea of rules that seek to limit the effect of armed conflict, for humanitarian reasons. It seeks to protect people who are not participants in the hostilities and also restricts the means and methods of warfare. International humanitarian law is also known as ‘The law of war or the law of armed conflict’.
It is the law which regulates the conduct of armed conflicts. IHL is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set …show more content…
A fighter who hasn’t been recognised as a combatant under the International Humanitarian Law faces prosecution under the national law.
There are certain legal consequences attached to the combatant status which explain the difficulties which occurred from agreeing on the definition of combatant because it proved very crucial for the states to delimit which fighter could claim such a privilege of belligerent status.
The status of the lawful belligerent is only recognized in the context of international armed conflict which is defined by the act 2 of Geneva convention. Going back into the history,
The privileges which were granted to the combatant wasn’t linked to the humanitarian concerns. It was the codes of chivalry which provided the underpinnings of national law governing the armed forces.
According to the philosophy in general which is enshrined in these instruments, in order to protect the civilian population, the only people who could be attacked are the …show more content…
In the twentieth century, support for the international humanitarian law gained momentum as a reaction to the brutalities of the world war I and the atrocities of world war II. In the last decade of the twentieth century, efforts to expand the scope and step up the implemention of IHL gained pace and acquired urgency in the light of three major factors interating with one another.
• The pervasive reach of the media, rise of the internet and the growing activism an interconnectivity of the civil society.
• The growing consciousness among people, of their common humanity and, of the existence of universal moral norms arising from human nature itself applicable to all human